Card Range To Study

15 Cards in this Set

To find that x breached, the court will first have to find that there was a valid K bw the parties.

A valid contract requires an offer, an acceptance and consideration

Consideration requires that there be a bargained for exchange between the parties which constitutes a benefit to the promisor or a detriment to the promisee

Contracts, cause of action

In order to state a cause of action for breach of K, the non-breaching party must show that the other party breached a material termo of the K. A material breach is one that prevents the nonbreaching party from receiving the substantial benefit of her bargain.

Valid cause of action

Under the CPLR a P states a valid coa if, on its face, the P's complaint states any valid grounds for relief under the substantive law; the standard is liberal.

PR, intro

Attorneys in NY are bound by the code of professional responsibility

Contracts, SoF

Under NY law, the SoF requires certain K's to be in writing in order to be enforceable.

PR, conflicts

Under the NY Code of Professional Responsibility, a lawyer must not enter into a relationship where there is a potential conflict of interest that is likely to adversley affect his ability to exercise independent and professional judgment

Wills, elective shares

Under the EPTL, the elective share exists to protect a surviving spouse against disinheritance, by giving the spouse an entitlement to a minimum share of the decedent's estate. When a spouse is provided for minimally in the will, the spouse has the choice of taking the elective share. The amount of the elective share is the greater of $50,000 or one-third of the net estate.

Evidence, intro

In general, to be admissible, evidence must be relevant, that is, it must tend to prove or disprove a material issue.

However, relevant evidence is not always admissible. The courts have broad discretion to exclude relevant evidence if its probative value is substantially outweighed by its prejudicial effect.

Crim, accomplice

In NY, an accomplice is liable for all of the foreseeable acts of all "parties to the crime" An accomplice is one who aids, abets, or encourages another to commit a crime with the intent to encourage the commission of that crime. Accomplices may be hled liable for the substantive offenses of the person whose acts constituted the crime itself

Property, recording statute

Under NY law, priority in real estate interests is determined based on the race-notice statute. In a race-notice jurisdiction, one who gives valuable consideration and has no actual notice of a prior instrument will prevail over another provided that he records before the prior grantee

Partnership, creation

There are no formalities needed to create a general partnership. A partnership exists when two or more popel operate a business as co-owners for profit.

Contracts, PER

The PER bars the admission of any testimony of contemporaneous or prior oral statements to a written contract that is offered to establish terms inconsistent with that contract. A fully integrated written K is one that is intended by the parties as a final expression of that contract and emodies all the terms of the agreement.

Agency, agent binding principal

IN general, an agent can bind a principal provided that such a relationship exists and there is authority for the agent to act on behalf of the principal.

Preliminary injunction

Is a form of equitable relief which is used to preserve the status quo until the underlying judicial proceeding is completed

Torts, RPP

There is a general duty of care imposed on every person to act in such a way as to prevent foreseeable harm to others, The standard of care is that of the reasonable person and thus is an objective standard.